Terms of Service
Effective date: August 6, 2026
Last updated: August 6, 2026
These Terms of Service ("Terms") govern your access to and use of the website located at https://www.torontosurplus.com (the "Website") and the products, services, quotes, orders, and prop rentals offered by Toronto Surplus & Scientific Inc. ("Toronto Surplus," "TSS," "we," "us," or "our").
Please read these Terms carefully. By accessing or using the Website, creating an account, requesting a quote, placing an order, making a payment, or entering into a rental arrangement, you agree to be bound by these Terms. If you do not agree, do not use the Website or our services.
Toronto Surplus buys and sells used surplus, scientific, and electronic equipment. We also rent equipment and other items as props for film, television, movie, and video productions.
1. About These Terms
These Terms form a legally binding agreement between you and Toronto Surplus. They apply to all visitors, account holders, customers, and other users of the Website and our services.
Additional terms may apply to specific transactions, such as a written quote, invoice, order confirmation, or prop-rental agreement. Where additional terms apply and conflict with these Terms, the additional terms govern for that specific transaction to the extent of the conflict.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
2. Eligibility
To create an account, place an order, make a payment, or enter into a rental arrangement, you must:
- Be at least the age of majority in your province, state, or country of residence, or use the Website under the supervision of a parent or guardian who agrees to these Terms;
- Have the legal capacity to enter into a binding contract;
- Provide accurate and complete information;
- Use the Website and our services only for lawful purposes.
The Website is not directed to children under 13, and we do not knowingly permit children under 13 to create accounts or transact without appropriate parental or guardian involvement.
3. Accounts and Registration
You do not need an account merely to browse our inventory. An account may be required to place certain contactless online orders or make payments through the Website. You may also contact us by telephone or through our contact form to discuss other ordering arrangements.
When you create an account, you agree to:
- Provide accurate, current, and complete information;
- Keep your account information up to date;
- Keep your login credentials confidential;
- Be responsible for all activity that occurs under your account;
- Notify us promptly if you believe your account has been compromised.
We may suspend, restrict, or terminate an account that we reasonably believe has been used in violation of these Terms, in connection with fraud or abuse, or in a manner that creates risk to the Website, our customers, or our business.
4. Products, Listings, and Availability
4.1 Used and surplus equipment
Most items we sell are used, surplus, salvaged, or previously owned equipment. Unless a listing expressly states otherwise, items are sold in used condition and may show signs of wear, age, or prior use. Specifications, accessories, cabling, software, calibration, and documentation may not be included unless expressly stated.
4.2 Listing accuracy
We make reasonable efforts to describe items accurately, including photographs, specifications, and condition notes. However, listings may contain errors, omissions, or inaccuracies, and images are for illustration and may not depict the exact item, its condition, or all included or excluded components.
We do not warrant that product descriptions, pricing, availability, or other Website content is accurate, complete, reliable, current, or error-free.
4.3 Availability and inventory
Surplus inventory is limited and changes frequently. Listing an item does not guarantee that it is in stock or available for purchase. We may limit quantities, discontinue items, or correct inventory at any time without notice. If an item becomes unavailable after you place an order, we may cancel the affected portion of the order and, where you have already paid, provide a refund for the unavailable item.
5. Pricing, Currency, and Taxes
5.1 Pricing and errors
Prices are shown on the Website or in a quote or invoice and are subject to change until an order is accepted. Despite our efforts, items may occasionally be mispriced. If an item's correct price is higher than the price shown, we may, at our discretion, contact you for instructions before shipping, cancel the order, or correct the price. We are not obligated to honour a price that results from an obvious error.
5.2 Currency
Transactions are completed only in Canadian dollars (CAD) or United States dollars (USD). Any other currency shown on the Website is an estimated conversion provided for informational convenience only. Displaying a converted price does not guarantee availability, and it does not represent the amount that will be charged. The amount you are charged is the CAD or USD price applied to your order or invoice.
5.3 Taxes, duties, and charges
Prices do not include applicable taxes, duties, tariffs, customs fees, brokerage, or shipping charges unless expressly stated. You are responsible for all applicable taxes and, for orders shipped outside Canada, for any import duties, tariffs, customs fees, and similar charges imposed by the destination country.
6. Quotes
We may provide quotes on request. Unless a quote states otherwise, a quote is an invitation to do business and not a binding offer, is valid only for the period stated (or, if none is stated, for a reasonable period), and is subject to product availability and to acceptance of an order. Prices, availability, and terms in a quote may change if the quote expires or if the underlying item is sold or becomes unavailable.
7. Orders and Acceptance
Your submission of an order, or your acceptance of a quote or invoice, is an offer to purchase. No order is binding on Toronto Surplus until we accept it. We may accept an order by confirming it, processing payment, or shipping the item.
We reserve the right to refuse, cancel, or limit any order for any lawful reason, including product unavailability, suspected fraud, pricing or listing errors, payment problems, export or shipping restrictions, or a customer's breach of these Terms. Where we cancel an order for which you have already paid, we will provide a refund for the cancelled portion.
8. Payment
Payments are processed by our third-party payment providers, currently Stripe and PayPal. By submitting a payment, you authorize the applicable provider and Toronto Surplus to charge your selected payment method for the total amount of your order or invoice, including applicable taxes and shipping.
Toronto Surplus does not directly collect or store complete payment-card numbers. Your use of a payment provider is subject to that provider's terms and privacy policy. You represent that you are authorized to use the payment method you provide.
We may also arrange alternative payment methods (such as bank transfer) for certain transactions, in which case additional instructions and terms may apply.
9. Shipping, Delivery, and Risk of Loss
We ship using carriers and logistics providers selected for a particular transaction, currently including Canada Post and, where appropriate, other carriers. Shipping charges, methods, and timelines are estimates and are not guaranteed. Delivery dates are approximate and may be affected by carrier delays, customs, weather, or other factors beyond our control.
Unless otherwise agreed in writing or required by applicable law, risk of loss and title pass to you upon our delivery of the item to the carrier. You are responsible for providing an accurate and complete shipping address; we are not responsible for delays or losses caused by an incorrect or incomplete address.
Some items may be large, heavy, or otherwise require special handling, freight arrangements, or pickup. For such items, we may require you to contact us to arrange shipping or pickup.
10. International Orders, Export, and Customs
Toronto Surplus primarily operates from Canada, and products may not be available for sale or delivery in every country. International orders require manual review for matters such as product eligibility, shipping availability, insurance, customs requirements, tariffs and duties, import and export restrictions, border-control requirements, product-safety requirements, and payment and fraud risks.
You are responsible for ensuring that your purchase and its import comply with the laws of the destination country, including any licensing, permit, customs, or import requirements, and for paying any duties, tariffs, taxes, or fees imposed on import. We may decline or cancel any international order that cannot lawfully or practicably be fulfilled.
Certain scientific, electronic, or technical equipment may be subject to export controls or other regulatory restrictions. You agree not to export, re-export, or divert any item in violation of applicable export-control or sanctions laws.
11. Returns, Refunds, and Cancellations
Return, refund, and cancellation eligibility depends on the item and the circumstances and may be described in the applicable listing, quote, invoice, or order confirmation, or agreed with us in writing.
Unless otherwise stated or required by applicable law:
- Requests to return or cancel an order should be directed to us promptly using the contact methods below;
- Items must be returned in the condition in which they were received, with any included components and packaging;
- Certain items may be non-returnable, sold as final sale, or subject to a restocking charge, where indicated;
- Approved refunds are issued to the original payment method, less any non-refundable charges where applicable.
If an item arrives damaged, defective in a manner inconsistent with its described condition, or materially not as described, contact us promptly so we can review the matter and determine an appropriate remedy.
Nothing in these Terms limits any non-excludable rights or remedies you may have under applicable consumer-protection law.
12. Condition of Goods and Warranty Disclaimer
Except as expressly stated in writing for a specific item, and to the fullest extent permitted by applicable law, all items are sold "AS IS" and "WHERE IS," with all faults, and without any warranty of any kind, whether express, implied, or statutory, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
You are responsible for determining whether an item is suitable for your intended use. We do not warrant that used or surplus equipment will be free from defects, calibrated, complete, functional, or compliant with any particular standard, unless expressly stated for that item in writing.
Some jurisdictions do not allow the exclusion of certain warranties or conditions. Where such law applies, some of the above exclusions may not apply to you, and any legally required warranties are limited in duration and scope to the minimum permitted by law.
13. Prop Rentals
Toronto Surplus rents equipment and other items as props for film, television, movie, and video productions. Prop rentals are subject to a separate rental arrangement, which may be entered into online or offline, in addition to these Terms.
Depending on the rental, we may require identification, a deposit, insurance, a signed rental agreement, and other information reasonably necessary to evaluate, establish, administer, secure, and enforce the rental. The rental arrangement may address matters such as rental period, fees and deposits, permitted use, condition and inspection, care of items, restrictions, damage, loss, late return or non-return, insurance, and liability.
You are responsible for returning rented items on time and in the condition in which they were provided, subject to reasonable use, and for any damage, loss, late return, or non-return in accordance with the rental arrangement. Where these Terms conflict with a signed rental agreement, the rental agreement governs the rental.
14. Acceptable Use
When using the Website and our services, you agree not to:
- Violate any applicable law or regulation, or infringe the rights of others;
- Provide false, misleading, or fraudulent information;
- Use another person's identity, account, or payment method without authorization;
- Attempt to gain unauthorized access to the Website, accounts, systems, or data;
- Interfere with or disrupt the Website, its security features, or its infrastructure;
- Introduce malware or other harmful code;
- Use bots, scrapers, or automated means to access, harvest, or overload the Website except as expressly permitted;
- Circumvent, disable, or interfere with rate limiting, bot detection, CAPTCHA, or other security measures;
- Use the Website or our services to facilitate fraud, money laundering, or other unlawful activity;
- Resell, misrepresent, or use items in violation of applicable law, including export-control, safety, or licensing requirements.
We may investigate and take appropriate action, including restricting or terminating access, for any actual or suspected violation.
15. Intellectual Property
The Website and its content — including text, graphics, logos, images, product photography, page layouts, design, and software — are owned by or licensed to Toronto Surplus and are protected by intellectual-property and other laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your own personal or internal business purposes related to evaluating and purchasing our products or services. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Website or its content without our prior written permission, except as permitted by applicable law.
Product names, brand names, and trademarks that appear on the Website and that belong to third parties are the property of their respective owners and are used for identification and descriptive purposes only. Their appearance does not imply any affiliation with or endorsement by those owners.
16. Your Submissions
If you submit information or content to us — for example, through a contact form, inquiry, quote request, or communication — you represent that you have the right to do so and that the content is accurate and lawful. You are responsible for the content you submit.
You grant Toronto Surplus a non-exclusive, royalty-free licence to use, store, and process your submissions as reasonably necessary to respond to you, provide our services, operate and secure the Website, maintain business records, and comply with legal obligations, consistent with our Privacy Policy. Please do not submit confidential or sensitive information that is not necessary for your request.
17. Third-Party Services and Links
The Website relies on and may link or redirect you to third-party services, including payment providers (Stripe, PayPal), security and infrastructure providers (such as Cloudflare), shipping carriers, and embedded content such as videos hosted on YouTube.
We do not control third-party services and are not responsible for their content, availability, security, or practices. Your use of a third-party service is governed by that party's own terms and privacy policy. The presence of a link or embedded content does not imply our endorsement of the third party.
18. Disclaimers
To the fullest extent permitted by applicable law, the Website and our services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We do not warrant that the Website will be uninterrupted, secure, error-free, or free of harmful components, that defects will be corrected, or that the Website's content is accurate, complete, or current.
You use the Website and our services at your own risk. This Section does not limit the item-specific disclaimer in Section 12 or any rights that cannot be excluded under applicable law.
19. Limitation of Liability
To the fullest extent permitted by applicable law, Toronto Surplus and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to your use of (or inability to use) the Website, our products, or our services, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to a transaction or to these Terms will not exceed the amount you actually paid to Toronto Surplus for the specific product, service, or rental giving rise to the claim.
Some jurisdictions do not allow certain limitations or exclusions of liability. Where such law applies, the above limitations apply only to the extent permitted, and nothing in these Terms limits liability that cannot be limited under applicable law.
20. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Toronto Surplus and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms, your misuse of the Website or our products or services, your violation of any law or the rights of a third party, or your use, resale, export, or handling of any item purchased or rented from us.
21. Product Safety and Regulated Items
Some items we sell are industrial, scientific, electronic, or technical in nature and may require specialized knowledge, training, licensing, or safety precautions to handle, install, operate, or dispose of safely and lawfully. You are solely responsible for using items safely and in compliance with applicable laws, standards, and manufacturer guidance, and for ensuring that any required licences, permits, or authorizations are obtained. Toronto Surplus is not responsible for your use, misuse, installation, or handling of any item.
22. Privacy
Your use of the Website and our services is also governed by our Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal information. By using the Website, you acknowledge that you have read the Privacy Policy.
23. Suspension and Termination
We may suspend, restrict, or terminate your access to the Website or an account at any time, with or without notice, where we reasonably believe it is necessary to protect the Website, our customers, or our business, to address a violation of these Terms, or to comply with law.
You may stop using the Website at any time and may request deletion of your account as described in our Privacy Policy. Provisions that by their nature should survive termination — including those relating to disclaimers, limitation of liability, indemnification, intellectual property, and governing law — will survive.
24. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them, the Website, or our products or services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.
Subject to any non-excludable rights you may have under applicable consumer-protection law, you agree that the courts located in Ontario, Canada will have exclusive jurisdiction over any dispute, and you consent to the personal jurisdiction of those courts. Before commencing formal proceedings, we encourage you to contact us so we can try to resolve the matter.
25. General
- Entire agreement. These Terms, together with any applicable quote, invoice, order confirmation, rental agreement, and our Privacy Policy, constitute the entire agreement between you and Toronto Surplus regarding the Website and our services, and supersede prior agreements on the same subject.
- Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
- No third-party beneficiaries. These Terms do not create any rights in favour of anyone other than you and Toronto Surplus.
26. Changes to These Terms
We may update these Terms from time to time to reflect changes to the Website, our services or providers, legal or regulatory requirements, or our business. When we update these Terms, we will post the revised version on the Website and update the "Last updated" date. Your continued use of the Website after an update takes effect constitutes acceptance of the revised Terms, except where applicable law requires additional consent.
27. Language
These Terms may be made available in French or other languages for convenience. The English version is intended to be the controlling version to the extent permitted by applicable law. Where applicable law requires another version to govern or requires that language rights be respected differently, applicable law will control.
28. Contact Us
For questions about these Terms or our products or services, contact:
Toronto Surplus & Scientific Inc.
3622B Vivian Rd.
Whitchurch-Stouffville, Ontario L4A 2M4
Canada
Email: [email protected]
Telephone: 905-853-0078
Toll-free: 866-376-0078
Contact form: https://www.torontosurplus.com/contact
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